Public Contract Code Template for Switzerland

A Public Contract Code sets the rules for how Swiss government agencies and public organizations buy goods and services. It outlines fair bidding processes, transparency requirements, and standards that both buyers and suppliers must follow when competing for public contracts.

Swiss cantons and federal agencies use this code to ensure taxpayer money is spent wisely and all companies get an equal chance to win government business. The code covers everything from construction projects and IT systems to cleaning services, with specific thresholds that determine when public tenders become mandatory. It helps prevent favoritism and ensures public procurement stays competitive and corruption-free.

The Public Contract Code comes into play when Swiss government bodies or public organizations plan to purchase goods or services above certain financial thresholds. For example, federal agencies must follow these rules when buying IT equipment worth over CHF 230,000, or construction services exceeding CHF 8.7 million.

Public organizations need this code before launching any major procurement project, especially when seeking competitive bids from multiple suppliers. It becomes essential during tender preparations, bid evaluations, and contract awards. Following the code from the start helps avoid legal challenges, ensures fair competition, and protects public funds from misuse or inefficient spending.

• Federal-level codes govern major national projects and set core procurement rules
• Cantonal variations adapt rules for regional needs and smaller contract thresholds
• Municipal codes focus on local government purchasing and community-level projects
• Sector-specific codes detail requirements for specialized industries like healthcare, construction, or defense
• Simplified codes apply to smaller organizations and lower-value contracts while maintaining basic fairness principles

• Federal Procurement Office: Creates and updates the national Public Contract Code framework, setting overall standards and thresholds
• Cantonal Authorities: Adapt and implement procurement rules for their regions, managing local compliance
• Public Organizations: Follow the code when purchasing goods or services above specified thresholds
• Private Companies: Submit bids and compete for public contracts while adhering to code requirements
• Procurement Officers: Apply the code daily, managing tender processes and ensuring fair competition
• Legal Advisors: Guide organizations through compliance and help resolve procurement disputes

• Project Scope: Define the type and value of goods or services to be procured, determining applicable thresholds
• Legal Framework: Review current federal and cantonal procurement laws affecting your organization
• Timeline Planning: Map out key dates for tender announcements, submission deadlines, and award decisions
• Technical Requirements: List specific product or service specifications needed for the tender
• Evaluation Criteria: Establish clear scoring systems for comparing bids fairly
• Internal Approvals: Identify required signatures and decision-makers within your organization
• Documentation System: Set up processes to track and store all procurement-related communications

• Scope Definition: Clear description of procurement type, thresholds, and applicable sectors
• Legal Framework: References to relevant federal and cantonal procurement laws
• Tender Process: Detailed steps for bid submission, evaluation criteria, and award procedures
• Exclusion Criteria: Conditions that disqualify bidders from participation
• Transparency Rules: Requirements for documentation and public disclosure
• Appeal Procedures: Process for challenging procurement decisions
• Environmental Standards: Sustainability and ecological requirements for suppliers
• Social Criteria: Labor conditions and fair wage requirements

While both documents govern contractual relationships, a Public Contract Code differs significantly from a Service Contract. The key distinctions lie in their scope, application, and regulatory framework.

• Purpose and Scope: Public Contract Codes set rules for all government procurement, while Service Contracts define specific arrangements between two parties for particular services
• Legal Framework: Public Contract Codes must follow strict federal and cantonal procurement laws, whereas Service Contracts have more flexibility under general contract law
• Parties Involved: Public Contract Codes regulate relationships between public entities and multiple potential suppliers, while Service Contracts typically involve just two parties
• Competition Rules: Public Contract Codes mandate open competition and transparent bidding processes; Service Contracts can be negotiated directly
• Compliance Requirements: Public Contract Codes include mandatory public oversight mechanisms and appeal procedures, unlike Service Contracts which focus on private enforcement